Court orders police to pay N2m compensation to 3 men detained as Boko Haram suspects

THE Federal High Court, Kaduna, has ordered the Nigeria Police to pay N2 million as compensation for detaining three people as  Boko Haram terrorists for 19 months without trial.

In a case with file No.FHC/KD/CS/22/2016 lodged by Idris Abubakar, Anas, Abubakar and Aliyu Abubakar against the Inspector General of Police (IGP), Commissioner of Police, Kaduna and DPO Kabala Police Station, they accused the police of unlawful detention.

In his judgment, Justice Emeka Nwite, after hearing arguments from the counsel for the applicants, Baba Lawal Aliyu and the counsel for the respondents, E.C. Enwelum ruled: “In the instant case the police detained the applicants for a period of more than 19 months in violation of the applicants’ fundamental rights and did not place any material before the court with which the court can determine the reasonability of such detention.”

He said: “their justification in detaining the applicants for a period of 19 months was that the applicants were arrested and they made a voluntary statement to the police that they are Boko Haram members,” was not a confessional statement.

The judge observed further that “Again, they said incriminating items were recovered from the applicants buttressing that they are Boko Haram sect members. Not only did the applicants deny having any incriminating objects when they were arrested, the respondents did not exhibit any of the incriminating objects to buttress their claims.”

The judge continued, “In view of the foregoing analysis, I am of the view and so hold that in the said detention of the applicants, the police violated Section 35(5) (B) and 36 of the Constitution of Federal Republic of Nigeria, 1999 (as amended).

“I hereby resolve the sole issue in favour of the applicants and ordered the following: that the production of the applicants before the court or an order for their immediate release from the custody of the police.

“Award the sum of N2m as exemplary damages against the police for unlawful arrest and detention of the applicants being alleged as Boko Haram members  for more than 19 months.”

Reacting to the judgement, counsel for the applicants, Aliyu, said at least justice had been served.

The judge also said ‘I hereby make an order enforcing the applicants fundamental rights as guaranteed by Section 34, 35 and 36 of the 1999 Constitution of the Federal Republic of Nigeria as amended.”

“I pursue the matter with the police for 2 good years in order to secure the release of the applicants but the police kept telling us different stories and I decided to go to court in 2016. It’s now for the police to comply with the judgement of the court by producing the applicants before the court for trial and of course pay the damages awarded of N2,000,000 awarded to the applicants,” he said.